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Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....wdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Local Government Election (Paurashova), Counting of votes. The Election Tribunal cannot count the ballo......r of votes were counted- in favour of Respondent 2." Abdul Jalil in the writ petition denied the material objections and stated that at the time of counting of all votes, no objection was taken by anybody regarding the counting of votes. 4. The Election Tribunal thereafter considered an applica..Category: Election Law | Date: | Hits: 136
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... Reported in: 32 DLR (AD) (1980) 138 ......, what is good and or pious or charitable has the approval of the Almighty. A provision for one's self, for one's children, is as good and charitable an act as a dedication for support of the general body of the poor. 40. Wakfs may be divided into two classes namely, (I) public and (b) priva..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... All proceedings before a Martial Law Court has been protected from being challenged before any court, including the High Court and the Supreme Court…………….(21) The power of the Government to transfer a case, by amendment made by Regulation No. XXXII of 1976, has been given to ......P.M. accused Chand Mia and others (not named) being armed with deadly weapons called her husband Irfan Ali out of his house and took him to the Mear Bazar where he was killed by gun shot and the dead body was thrown into the river. The petition was forwarded to the Officer-in-Charge of Bajitpur Poli..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....t No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are the owners and the Master of the Vessel. Respondent No. 1 obtained necessary permission, for importation of edible salt from India for the Government of Bangladesh and accordingly entered into a negotiation for importing salt from India. R......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....of the case from the Magistrate's Court to Martial Law Court on three grounds:— 4. First, as the charge-sheet against the petitioner was submitted to the Magistrate's Court without obtaining the Government's sanction to prosecute him as required under Section 197 of the Code of Criminal Proce......he Special Martial Law Court No. 11 Dacca. The petitioner who is at present holding the post of Lecturer, Medical Jurisprudence, in the Dacca Medical College, held a post-mortem examination of a dead body identified to him as that of one Saleha Begum. He found one incised wound on upper part of the ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....he Land Acquisition Court set up with the Additional District Judge, 3rd Court, Dacca under the Land Acquisition Act, 1894 acted as the Arbitrator in the case. The claim was contested by the then Government of East Pakistan contending that the claim was highly inflated; that the Deputy Commiss......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ng the writ petition on the ground that it was not maintainable,. Second question for our consideration is if it is found that the Council was a 'local Authority' and the Council having applied the Government Servants Discipline and Appeal Rules, 1976 to the proceedings drawn up against the appell...... the provisions of the Bangladesh Council of Scientific Research Ordinance, 1978 (Ordinance No. V of 1978) which came into force on February 2, 1978. This Ordinance provides status of a statutory body to the Council. Mr. Nabi submitted that section 29 of the Ordinance clearly shows that the reso..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....esignation was a valid order. The learned Judges of the High Court Division discharged the Rule earlier issued on the Writ Petition, mainly on the consideration that as per service rules service of a Government employee stood forfeited on submission of resignation and the employee concerned could no......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....adrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and another…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compul......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the abse......s allowed to work as has been done in (i) framing the charges (ii) the same members call the meeting, which they term to be a special meeting (iii) the same members constitute themselves as the body to hear the explanation of the Chairman (iv) the same members pass the resolution for removal. ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ...... one touching, in actual contact, next in space; meeting at a common boundary, bordering, adjoining. Dr. Johnson, who is said to have employed the English language with more anxious precision that anybody else, defines the word 'contiguous' in his dictionary; meaning so as to touch ; bordering upon ..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
.... of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1976. He showed cause to the charges and in re......der passed in violation of the principles of natural justice can be effectively challenged by a writ petition. In this case the employer is the Bangladesh Trading Corporation which is a statutory body. Therefore, Bangladesh Trading Corporation being undoubtedly an 'authority.' The applicability ..Category: Employment/Service Law | Date: | Hits: 72
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
.... till 1975 long after coming into operation of the enemy property laws without the said authority being impleaded. Apart from this, the appellant has asserted his possession in the property and the Government in their affidavit-in-opposition, though have challenged the validity of the sale deeds......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....an Siraj but, as already mentioned, was later on shown arrested. 3. The Special Tribunal Case No. 98 of 1976 relates to a speech of the respondent who delivered it on March 8, 1974 criticising the Government exhorting the people to resort to direct action while following the programme of the part......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....h 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Jo......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......r Singh Vs. Managing Committee, 1938 AIR (PC) 73. In the case, Managing Committee filed the suit through a member claiming a declaration to the effect that the plaintiff Committee is the Managing body, trustee and administrators of the High School and that the defendants have no connection what..Category: Civil Law | Date: | Hits: 112
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
...., and on their application under section 5, Limitation Act, the High Court Division, by the impugned order, condoned the delay subject to payment of Taka 3,500.00 as cost to this Petitioner by the Government. 3. Mr. TH Khan, learned Counsel for the petitioner, has seriously assailed the ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....udgment: MH Rahman J.- In his Writ Petition No. 903 of 1992 the petitioner unsuccessfully challenged the Government's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (re......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......One Tegu alias Bahajuddin was attacked by the mob and students in the morning of 29th Falgun, 1375 BS corresponding to March 13, 1969. They assaulted him and caused his death and concealed his dead body by digging a ditch nearby the west side of the Kendua Kalibari railway line. On information re..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......his thumbs. Appellant Kawsar Munshi gave a ramdao blow on the head of Ekhlasuddin on the impact of which his brain substance came out. Other acquitted accused persons also gave ramdao blows on the body of Ekhlasuddin who died on the spot. Acquitted accused Jadan and Johur caught hold of P.W. 2 P..Category: Criminal Law | Date: | Hits: 60
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